Employer’s liability for compensation
Under section 3 of the Act, it provides with employer’s liability for compensation. In case of occupational disease or personal injuries. And prescribes the manner in which his liability ascertains.
Occupational diseases
Under section 3 of the Act, in part A of the schedule contract. If any disease specified by an employee, employed. As an employment disease, peculiar to that particular employment. The contracting of the disease shall be deemed to be an injury. By accident arising out of and in the coursed of employment.
If an employee whilst in service of one or more employers (not necessarily the same employer) in any employment specified in Part C of Schedule III for such continuous period as the Central Government may specify, contracts any disease, even after he ceased to be in the service of any employer and disease arose out of such employment, specified in the Schedule, the contracting of disease shall be deemed to be an injury by accident arising out of and in the course of employment.
However, where the employment was under more than one employer, all such employers shall be liable for the payment of the compensation in such proportion as the Commissioner may in circumstances deem just.
Personal injury
If an accident arises out of and in the course of employment, then the employer becomes liable to compensate for that personal injury.
And, when the employer is not liable:
- When the injury does not result in disablement for a period not exceeding 3 days.
- When the injury not resulting in death or permanent total disability is due to any of the following reasons:
- The employee was at the time of the accident, under the influence of drink or drugs, or
- An employee wilfully disobeyed an order expressly given or a rule expressly framed for the purpose of securing the safety of workers, or
- The employee willfully disregards or removes any safety guards or safety devices which he knew to have been provided for the safety of the employee.
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